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BLACKWELL v. EDWARDS

Nos. 17535, 17536.

303 F.2d 103 (1962)

Olin G. BLACKWELL, Warden, United States Penitentiary, Alcatraz, California, Appellant, v. Edward C. EDWARDS, Appellee. Olin G. BLACKWELL, Warden, United States Penitentiary, Alcatraz, California, Appellant, v. Jack V. K. RAGAN, Appellee.

United States Court of Appeals Ninth Circuit.

May 9, 1962.

Attorney(s) appearing for the Case

Burke Marshall, Asst. Atty. Gen., Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., Harold H. Greene, Gerald P. Choppin, Attorneys, Dept. Justice, Washington, D. C., for appellant.

Dario DeBenedictic, San Francisco, Cal., for appellee Edwards.

David Van Hoesen, San Francisco, Cal., for appellee Ragan.

Before BARNES and DUNIWAY, Circuit Judges, and ROSS, District Judge.

DUNIWAY, Circuit Judge.

These cases, although not consolidated, were considered and decided together by the trial court, and we do likewise. Each is an appeal from an order granting a writ of habeas corpus. In our view, each order was correct.

When his petition was filed, Edwards was in the United States Penitentiary at Alcatraz, serving three consecutive sentences imposed by Army Courts-martial, totalling 11 years and 8 months. These sentences were imposed...

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